Page:United States Statutes at Large Volume 112 Part 3.djvu/760

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112 STAT. 2590 PUBLIC LAW 105-276—OCT. 21, 1998 "(A) FAILURE TO IDENTIFY PROJECTS.—I f the Secretary determines, based on a plan submitted under this subsection, that a public housing agency has failed to identify 1 or more public housing projects that the Secretary determines should have been identified under subsection (a), the Secretary may designate the public housing projects to be removed from the inventory of the public housing agency pursuant to this section. "(B) ERRONEOUS IDENTIFICATION OF PROJECTS.— If the Secretary determines, based on a plan submitted under this subsection, that a public housing agency has identified 1 or more public housing projects that should not have been identified pursuant to subsection (a), the Secretary shall— "(i) require the public housing agency to revise the plan of the public housing agency under this subsection; and "(ii) prohibit the removal of any such public housing project from the inventory of the public housing agency under this section. " (d) CONVERSION TO TENANT-BASED ASSISTANCE. — "(1) IN GENERAL.— To the extent approved in advance in appropriations Acts, the Secretary shall make budget authority available to a public housing agency to provide assistance under this Act to families residing in any public housing project that, pursuant to this section, is removed from the inventory of the agency and the annual contributions contract of the agency. " (2) CONVERSION REQUIREMENTS.— Each agency carrying out a plan under subsection (c) for removal of public housing dwelling units from the inventory of the agency shall— Notification. "(A) notify each family residing in a public housing project to be converted under the plan 90 days prior to the displacement date, except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that— "(i) the public housing project will be removed from the inventory of the public housing agency; and "(ii) each family displaced by such action will be offered comparable housing— "(I) that meets housing quality standards; and "(II) which may include— "(aa) tenant-based assistance, except that the requirement under this clause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such family into such housing; "(bb) project-based assistance; or "(cc) occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated. "(B) provide any necessary counseling for families displaced by such action;